Legal Question in Disability Law in Pennsylvania
Do I have a case?
My former employer started to treat me unfairly after finding out I have a panic disorder. He has it noted in my file and has accused me of having 2 panic attacks at work. He has harassed me about this on more than one occasion. I am currently on medication for this and it has been under control for 3 years now. By bringing this up so often in three months he has made my anxiety worse.
1 Answer from Attorneys
Re: Do I have a case?
You asked about discriminatory activity.
The state and federal laws are very clear and protects any employee with a disability or regarded as having a disability working for a "covered employer." (This is a defined term in the law)
What constitutes a disability is subject to interpretation and this is also explained in the law. Panic disorders may or may not be covered but again, you can read the Equal Employment Opportunity Commission's guidance on the law to decide for yourself.
If you and the employer are covered by the law the employer must make investigate and implement reasonable accommodations for the known condition(s) of a disabled individual. An employer must keep the condition, accommodations and other information confidential and only share it with those who need to know. There are plenty of circumstances where an employer may not have to make an accommodation either because it is not reasonable or because the employee does not wish to accept the accommodation.
Your situation is worth exploring further. If the employer takes adverse action there are not only direct damages that may be collected, but you may be able to get your job back or get front pay and punitive damages (set by statute). the employer may even be ordered to pay part or all of your costs and legal fees.
You should explore this further and consider hiring an attorney even before the matter escalates. I would be happy to speak with you about this.
Regards,
Roger Traversa